Hawaii Lemon Law Lawyers

Do I have a Lemon?

  • Purchased or leased new in Hawaii.

  • 3 repair visits or 30 days our of service

  • 1 repair attempt for a defect that might cause serious injury

Lemon Law Hawaii Introduction

Driving a Lemon Car in Hawaii?  You have legal rights under the Hawaii Lemon Law which may permit you to obtain one of the following: a new car, a full refund, or a partial refund for your defective car at no cost to you.

The Hawaii lemon law is a generic term for laws that protect consumers from defective vehicles. In the state of Hawaii, the Automobile Lemon Law applies to any new vehicle that is purchased or leased, and/or first registered, in the state of Hawaii.

The Hawaii Lemon Law Attorneys

The Hawaii Lemon Law firm of David J. Gorberg & Associates has represented clients throughout Hawaii, including Oahu, Maui, Kauai, Big Island and Lanai.

With offices located at 1050 Queen Street in Honolulu, Five Star Google Reviews, numerous HI Lemon Law Settlements and member of the Hawaii Trial Lawyers Association, we are the lawyers to turn to for the Hawaii Lemon Law. 

Lemon Law HI Information

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Hawaii Lemon Law Lawyers

Do I have a Lemon?

  • Purchased or leased new in Hawaii.

  • 3 repair visits or 30 days our of service

  • 1 repair attempt for a defect that might cause serious injury

What to do if I have a Lemon

  1. Ideally, your automobile dealer should work with you to resolve the problem. It is in their best interest to take care of the problem to increase the likelihood of future car sales.
  2. In the event you can’t resolve the problem with the dealer, you can contact a Hawaii Lemon Law Lawyer.

Let The Hawaii Lemon Law Attorney, David J. Gorberg & Associates, Help You

Lemon Law Attorney
  1. Tell Us About Your Lemon
    Fill out our form or call us at 1-800-MY-LEMON
  2. We Evaluate Your Case at NO Cost
    We contact the Manufacturer and negotiate settlement
  3. Compensation For Your Automobile
    You receive compensation and the manufacturer pays our fees

Begin Here or Call 1-800-MY-LEMON


    Our Recent Hawaii Lemon Law Wins

    November 1, 2023

    $57,555 Hawaii Lemon Law Win

    Maui, HI

    November 6, 2023

    $47,246 Hawaii Lemon Law Win

    Kauai, HI

    November 16, 2023

    $77,000 Hawaii Lemon Law Win

    Oahu, HI

    Hawaii Lemon Law Guide

    The Hawaii lemon law covers any consumer who buys, or leases, a new motor vehicle in the state.

    Hawaii’s lemon law establishes a “Lemon Law Rights Period.” That period is defined as the term of the manufacturer’s express warranty, two years after the vehicle’s delivery to the consumer, or the first 24,000 miles of operation; whichever is sooner.

    Under the Hawaii Lemon Law your car may be declared a lemon if it meets all the following conditions:

    • It has a nonconformity (a defect, or condition) which is covered by the manufacturer’s express warranty
    • The nonconformity SUBSTANTIALLY impairs the use, market value, or safety of the car
    • The nonconformity is not the result of an accident, abuse, neglect, or alteration of the car by persons other than the manufacturer or its authorized dealer
    • The vehicle was subject to 3 or more repairs within the Lemon Law rights period, or
    • The vehicle was subject to 1 repair for a condition that could cause a serious bodily injury within the lemon law rights period, or
    • The vehicle remains inoperable or out of service for 30 days or more during the lemon law rights period
    • You sent written notification (Hawaii Lemon Law Letter) to the manufacturer (not the dealer) of the nonconformity during the Lemon Law Rights Period.

    See our most recent Hawaii lemon law settlements

    2022 Hyundai Santa Cruz – Hawaii Lemon Law Buy Back 
    Transmission defects – Full refund of purchase price, and all attorney fees settlement within 60 days of calling our firm.
    Ewa Beach, Oahu

    2023 Chevy Tahoe – Hawaii Lemon Law Buy Back 
    Airbag light defect and safety restraint system warning – Case filed in the Hawaii State Certified Lemon Law Arbitration Program  (SCAP) and verdict for full refund and attorney fees.
    Wailuku, Maui

    2022 Honda Pilot – Hawaii Lemon Law Buy Back
    Engine Defects – Case filed in the Hawaii State Certified Lemon Law Arbitration Program  (SCAP) and verdict for full refund and attorney fees.
    Koloa, Kauai

    2021 Chevy Blazer – Hawaii Lemon Law Buy Back
    Stalling defect and Fuel Pump Defect – Case filed in the Hawaii State Certified Lemon Law Arbitration Program  (SCAP) and verdict for full refund and attorney fees.
    Keaau, Hawaii – Big Island

    2022 Toyota 4 Runner – Hawaii Lemon Law Back
    Steering and Alignment Defects – Case filed in the Hawaii State Certified Lemon Law Arbitration Program  (SCAP) and verdict for full refund and attorney fees.
    Ewa Beach, Oahu

    2019 Chevy Silverado – Hawaii Lemon Law Cash Settlement
    Engine problems – Client received a substantial cash settlement, including all attorney fees within 60 days of calling our firm.
    Honolulu, Oahu

    2021 Chevrolet Tahoe – Hawaii Lemon Law Buy Back
    Forward Collision Problems – Full refund of purchase price, and all attorney fees settlement within 60 days of calling our firm.
    Waipahu, Oahu

    2022 Ford Explorer – Hawaii Lemon Law Buy Back
    Engine problems – Full refund of purchase price, and all attorney fees settlement within 30 days of calling our firm.
    Kaneohe, Oahu

    2019 Nissan Frontier – Hawaii Lemon Law Cash Settlement
    Suspension Problems –  Client received a substantial cash settlement, including all attorney fees within 60 days of calling our firm.
    Lihue, Kauai

    See more settlements

    Hawaii Lemon Law FAQ

    The Hawaii Lemon Law was enacted for the express purpose of protecting consumers from buying or leasing new, but faulty, motor vehicles. The law seeks to make sure that the manufacturer of the vehicle fixes any problems or defects that were originally covered under the manufacturer’s warranty and were subject to repair at least 3 times for problems during the first 24,000 miles or subject to repair 1 time for a problem that can cause a bodily injury.

    You probably should avoid aggravating yourself further and wasting time.

    First, there is a reason that all 50 states have some form of a Lemon Law. Laws are passed to remedy problems which have become widespread. However, the mere fact that there is a lemon law does not mean that you will be treated differently if you represent yourself. It still costs a manufacturer less to drag it out with an unrepresented consumer and hope you will either go away or take little or nothing, than it would cost them to buy back everyone’s vehicle who made a complaint.

    Second, if you fail, you will have wasted precious time if you then have to hire an attorney.

    Third, the right law firm does NOT charge YOU an hourly attorney’s fee! By being represented by the right law firm you lend legitimacy to your case. If you select a law office that limits their practice to consumer law, the manufacturer will most likely already know your law firm. If your law firm has successfully handled multiple lemon law claims, the manufacturer will know that you have someone on your side who knows what they are doing. Furthermore, if the manufacturer knows that if you do not get what you want, you have the ability and the will to file a lawsuit, you will be treated with more respect. This is because it costs the manufacturer money just to defend a lawsuit (starting from the moment you file the complaint) as they have to send it to a qualified local law firm to defend it.

    As a Hawaii resident, you have legal rights which may permit you to obtain one of the following: a new car, a full refund, or a partial refund for your defective car at no cost to you.

    If the manufacturer does not accept your Lemon Law claim, we will file suit seeking compensation for you. If you win, the manufacturer must pay costs, reasonable attorney’s fees and expert witness fees.

    There is zero cost for us to evaluate your situation. Contact us today for your free consultation.

    The Hawaii Lemon Law only covers defects or conditions that substantially affect the safety, value, or use of the vehicle. However, what constitutes “substantial” is for an arbitrator, judge, or jury to decide. To have a viable case, it is necessary to prove that the use, value or safety of your vehicle has been substantially affected.

    The Hawaii lemon law covers both purchased cars as well as leased cars. In addition cars transferred to 2nd owners are covered as well during the lemon law rights period.

    The Hawaii lemon law includes coverage for motorcycles.  Under section 286-2 of the HI lemon law statute, it defines a motorcycle as a “motor vehicle” and provides lemon law coverage.

    The following vehicles and conditions are not covered by the Hawaii’s lemon law

    • Mopeds, or Motor Scooters (however, Motorcycles are covered under the Hawaii Lemon Law)
    • Vehicles weighing over 10,000 pounds
    • Problems or defects that do not significantly impair the vehicle’s use, value, or safety.
    • Any problem that is attributable to the vehicle owner’s own negligence.
    • Defects that are caused by an accident, vandalism, or acts of god.
    • Problems that arise from work being done by someone other than the manufacturer, an authorized dealer, etc.

    If your vehicle qualifies for Hawaii Lemon Law, you must send written notice of the nonconformity to the manufacturer during the lemon law rights period. However, if you did not receive the lemon law rights statement at the purchase of the car you do not have to send written notice to the manufacturer.

    Always report defects directly to the manufacturer or the dealer as soon as you discover them. One of the best favors you can do for yourself is to keep good records of your interaction with the dealership or manufacturer and keep all of your receipts. Always get a dated and detailed print out when you take the vehicle in to get it fixed. It should include any charges for parts and labor, a general description of the problem, the odometer reading at the time you brought the vehicle in for repair and also when you pick up the car, as well as a list of all work performed. It should also state the date the vehicle was brought in for repair and the date you picked up the car. Insist on receiving these statements (it’s your right under the law). Store them somewhere safe.

    One or more of the following Hawaii Lemon Law rebuttable presumptions should apply to your motor vehicle during the Hawaii Lemon Law Rights Period.

    • Three times presumption

    If the manufacturer cannot remedy the defect after three attempts during the Hawaii Lemon Law Rights Period, then the car may be deemed a lemon.

    • One time “serious nonconformity” presumption

    If the defect can cause a bodily injury, then the manufacturer only gets 1 repair during the Lemon Law Rights Period. Defects that can cause a bodily injury are: Brake problems, Steering problems, Transmission problems, Engine Problems, or any other condition that could cause an accident if not repaired

    • 30 days presumption

    Finally, if the vehicle is off the road for 30 or more days because of a defect that is attributable to the manufacturer.

    You may still be entitled to compensation. There are other laws which govern warranties which may be used to assist you, including Federal Warranty Act, also known as the Magnuson-Moss Warranty Act and the Uniform Commercial Code. David J. Gorberg & Associates currently represents a great number of individuals whose vehicles did not start having problems during the lemon law year/mileage limitation.

    If you qualify under the Hawaii Lemon Law, you have several important rights:

    • New Car. The right to have the manufacturer replace your vehicle with a similar new vehicle.
    • Full Refund. The right to compel the dealer or manufacturer to repurchase your vehicle at the original price of the vehicle, including any finance charges, registration fees and taxes on the vehicle, minus an allowance for the use of the car. (The allowance for the use of the vehicle is either 10% of the purchase price of the vehicle or ten cents per mile of the vehicle up to the first problem, whichever is less.)
    • Cash Settlement and Keep Car. The right to receive a cash settlement from the manufacturer, based on diminution of value, and you continue to keep possession of the car.

    • Yes, but under the Hawaii Lemon Law, the Dealer or Manufacturer must comply with the following requirements:
      • Both the consumer and manufacturer must sign a written notice certifying that the consumer knows the vehicle was returned as a “lemon.”
      • Disclose in writing to the buyer the nature of the defect experienced by the original buyer or lessee
      • Must have the following language: “IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE A DEFECT(S) COVERED BY THE MANUFACTURER’S EXPRESS WARRANTY WAS NOT REPAIRED WITHIN A REASONABLE TIME AS PROVIDED BY LAW.”
      • Must be in ten-point, capitalized type
      • Manufacturer must warrant to the new buyer or lessee, in writing that if the defect reappears within one year or 12,000 miles after the date of resale, whichever occurs first, it will be corrected at no expense to the consumer
      • The failure to comply with the written requirements regarding the resale of a car which was deemed a lemon shall constitute prima facie evidence of an unfair or deceptive act or practice under the Hawaii Lemon Law.

    Potential Outcomes for You Through Hawaii Lemon Law

    Refund For Your Lemon Vehicle

    In the case of a vehicle refund, the refund is calculated by taking the full purchase price of the vehicle, and then subtracting a “reasonable allowance for vehicle use.”

    In addition, the refund can include the money you spent for:

    • Sales tax, license and registration fees, finance charges, and any additional costs such as these
    • Options or modifications added by the manufacturer or its authorized dealer within 30 days after delivery date
    • Trade-in value
    • Attorney fees
    • Expert witnesses
    • The filing fee for the lemon law

    By “reasonable allowance for vehicle use,” this means the number of miles up to the date of the third repair attempt or the date of the first repair attempt for a serious safety defect, or the date of the 30th cumulative business day when the car is out of service by reason of repair, whichever occurs first. The reasonable offset for use is one percent of the purchase price for every thousand miles of use

    Replacement For Your Lemon Vehicle

    The manufacturer can offer to replace the vehicle, although you do not have to accept their offer (opting instead for a refund). However, if the manufacturer refuses to refund your money, you can take them to court. If you do accept a replacement vehicle, and the original vehicle was financed, the manufacturer must make sure the financing is transferred from the original vehicle to the replacement vehicle. It is your responsibility to have the title and registration transferred to your new vehicle.

    Cash Settlement And You Keep Car

    You may be entitled to cash compensation for its diminished value if the problems with your vehicle do not qualify it as a “lemon.” In some cases, a vehicle may not qualify as a “lemon.” In these situations, the manufacturer will often pay the consumer a “cash and keep” settlement.
    A “cash and keep” settlement allows you to keep possession of your car and receive money from the auto manufacturer based on its diminished value. The warranty remains valid and you can continue to service the vehicle in accordance with the warranty terms.

     

    Hawaii Lemon Law Statute

    (HRS 481I – 1 to HRS 481I-4)

    Here is a copy of the Hawaii Lemon Law.

    The legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle creates a hardship for the consumer. The legislature further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the legislature that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the legislature to provide statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which is not brought into conformity with the applicable express warranties, as provided in this chapter. Finally, it is the intent of the legislature to ensure that consumers are made aware of their rights under this chapter and are not refused the information, documents, or service necessary to exercise their rights.

    Nothing in this chapter shall in any way limit or expand the rights or remedies which are otherwise available to a consumer under any other law.

    When used in this chapter unless the context otherwise requires:

    “Business day” means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business.

    “Collateral charges” means those additional charges to a consumer wholly incurred as a result of the acquisition of the motor vehicle. For the purposes of this chapter, collateral charges include but are not limited to finance and interest charges, manufacturer-installed or agent-installed items, general excise tax, license and registration fees, title charges, and similar government charges.

    “Consumer” means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of the express warranty applicable to the motor vehicle, and any other person entitled to enforce the obligations of the express warranty.

    “Express warranty” means any written warranty issued by the manufacturer, or any affirmation of fact or promise made by the manufacturer, excluding statements made by the dealer, in connection with the sale or lease of a motor vehicle to a consumer, which relates to the nature of the material or workmanship and affirms or promises that the motor vehicle shall conform to the affirmation, promise, or description or that the material or workmanship is free of defects or will meet a specified level of performance.

    “Incidental charges” means those reasonable costs incurred by the consumer, including, but not limited to, towing charges and the costs of obtaining alternative transportation which are directly caused by the nonconformity or nonconformities which are the subject of the claim, but shall not include loss of use, loss of income, or personal injury claims.

    “Lemon law rights period” means the term of the manufacturer’s express warranty, the period ending two years after the date of the original delivery of a motor vehicle to a consumer, or the first 24,000 miles of operation, whichever occurs first.

    “Lessee” means any consumer who leases a motor vehicle:

    1. For one year or more pursuant to a written lease agreement which provides that the lessee is responsible for repairs to such motor vehicle; or

    2. Pursuant to a lease-purchase agreement.

    “Motor Vehicle”

    1. Means a self-propelled vehicle primarily designed for the transportation of persons or property over public streets and highways which is used primarily for personal, family, or household purposes;

    2. Includes:

    A. A motorcycle as defined in section 286-2, but excluding a motor scooter;

    B. A “demonstrator”, which means a vehicle assigned by a dealer for the purpose of demonstrating qualities and characteristics common to vehicles of the same or similar model or type;

    C. An individually registered vehicle used for an individual’s business purposes as well as for personal, family, or household purposes; and

    D. A vehicle owned or leased by a sole proprietorship, corporation, or partnership which has purchased or leased no more than one vehicle per year, used for household, individual, or personal use in addition to business use; and

    3. Shall not include mopeds or motor scooters, as those terms are defined in chapter 286, or vehicles over ten thousand pounds, gross vehicle weight rating.

    “Nonconformity” means a defect, malfunction, or condition that fails to conform to the motor vehicle’s applicable express warranty and that substantially impairs the use, market value, or safety of a motor vehicle, but does not include a defect, malfunction, or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer, its agent, distributor, or authorized dealer.

    “Purchase price” means the cash price appearing in the sales agreement or contract and paid for the motor vehicle, including any net allowance for a trade-in vehicle. Where the consumer is a second or subsequent purchaser and the arbitration award is for a refund of the purchase price of the motor vehicle, “purchase price” means the purchase price of the second or subsequent purchase and shall not exceed the purchase price paid by the original purchaser.

    “Reasonable offset” for use means the number of miles attributable to a consumer up to the date of the third repair attempt of the same nonconformity which is the subject of the claim, the date of the first repair attempt of a nonconformity that is likely to cause death or serious bodily injury, or the date of the thirtieth cumulative business day when the vehicle is out of service by reason of repair of one or more nonconformities, whichever occurs first. The reasonable offset for use shall be equal to one per cent of the purchase price for every thousand miles of use.

    “Replacement motor vehicle” means a motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of original acquisition, including any service contract, undercoating, rustproofing, and factory-installed or dealer-installed options.

    “Settlement” means an agreement for repurchase or replacement of a motor vehicle entered into between a manufacturer and a consumer that occurs after a dispute is submitted to an informal dispute resolution procedure or arbitration program or after a dispute is approved for arbitration under section 481I-4. “Settlement” does not include an agreement for a motor vehicle to be repurchased pursuant to a guaranteed repurchase or satisfaction program advertised by the manufacturer in which the vehicle was not alleged or found to have a nonconformity as defined in this section.

    “Substantially impairs” means to render the motor vehicle unfit, unreliable, or unsafe for warranted or normal use, or to significantly diminish the value of the motor vehicle.

    a. If a motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity in writing to the manufacturer, its agent, distributor, or its authorized dealer during the term of the lemon law rights period, then the manufacturer, or, at its option, its agent, distributor, or its authorized dealer, shall make such repairs as are necessary to conform the vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term.

    b. If the manufacturer, its agents, distributors, or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, market value, or safety of the motor vehicle after a reasonable number of documented attempts, then the manufacturer shall provide the consumer with a replacement motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the following: the full purchase price including but not limited to charges for undercoating, dealer preparation, transportation, installed options, and all collateral and incidental charges, and less a reasonable offset for the consumer’s use of the motor vehicle.

    If either a replacement motor vehicle or a refund is awarded, an “offset” may be made for damage to the vehicle not attributable to normal wear and tear, if unrelated to the nonconformity. If a replacement motor vehicle is awarded, a reasonable offset shall be made for the use of the motor vehicle and an additional offset may be made for loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from the nonconformity. When the manufacturer supplies a replacement motor vehicle, the manufacturer shall be responsible for the general excise tax, and license and registration fees. Refunds made pursuant to this subsection shall be deemed to be refunds of the sales price and treated as such for purposes of section 237-3. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear on the records of ownership. If applicable, refunds shall be made to the lessor and lessee pursuant to rules adopted by the department of commerce and consumer affairs.

    c. It shall be an affirmative defense to any claim under this section that a nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a motor vehicle by a consumer.

    d. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if, during the lemon law rights period, any of the following occurs:

    1. The same nonconformity has been subject to examination or repair at least three times by the manufacturer, its agents, distributors, or authorized dealers, but such nonconformity continues to exist; or

    2. The nonconformity has been subject to examination or repair at least once by the manufacturer, its agents, distributors, or authorized dealers, but continues to be a nonconformity which is likely to cause death or serious bodily injury if the vehicle is driven; or

    3. The motor vehicle is out of service by reason of repair by the manufacturer, its agents, distributors, or authorized dealers for one or more nonconformities for a cumulative total of thirty or more business days during the lemon law rights period.

    The term of the lemon law rights period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.

    The presumptions provided in this subsection shall not apply unless the manufacturer has received a written report of the nonconformity from the consumer and has had a reasonable opportunity to repair the nonconformity alleged.

    Upon a second notice of the nonconformity, or, if the motor vehicle has been out of service by reason of repair in excess of twenty business days, the dealer shall notify the manufacturer of the nonconformity.

    e. During the lemon law rights period, the manufacturer or its agent, distributor, or authorized dealer shall provide to the consumer, each time the consumer’s vehicle is returned from being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made and all work performed on the vehicle, including, but not limited to, a general description of the problem reported by the consumer or an identification of the defect or condition, parts and labor supplied, the date and the odometer reading when the vehicle was submitted for repair, and the date when the vehicle was made available to the consumer. The consumer shall sign and receive a copy of the statement or repair order.

    f. Upon request from the consumer, the manufacturer, or at its option its agent, distributor, or authorized dealer, shall provide a copy of any report or computer reading regarding inspection, diagnosis, or test-drive of the consumer’s motor vehicle, and shall provide a copy of any technical service bulletin related to the nonconformity issued by the manufacturer regarding the year and model of the consumer’s motor vehicle as it pertains to any material, feature, component, or the performance thereof.

    g. The manufacturer, its agent, distributor, or authorized dealer, shall provide the consumer at the time of purchase of the motor vehicle a written notice setting forth the terms of a state certified arbitration program and a statement of the rights of the consumer under this section in plain language, the form of which has been previously reviewed and approved by the department of commerce and consumer affairs for substantial compliance with Title 16, Code of Federal Regulations, part 703, as may be modified by the requirements of this chapter. The written notice must specify the requirement that written notification to the manufacturer of the motor vehicle nonconformity is required before the consumer is eligible for a refund or replacement of the motor vehicle. The notice must also include the name and address to which the consumer must send such written notification. The provision of this statement is the direct responsibility of the dealer, as that term is defined in chapter 437.

    h. The consumer shall be required to notify the manufacturer of the nonconformity only if the consumer has received a written notice setting forth the terms of the state certified arbitration program and a statement of the rights of the consumer as set out in subsection (g).

    i. Where the state certified arbitration program is invoked by the consumer of a motor vehicle under express warranties, a decision resolving the dispute shall be rendered within forty-five days after the procedure is invoked. However, the failure of an arbitrator to render a decision within forty-five days because of unforeseen circumstances shall not void any subsequent decision.

    Any decision rendered resolving the dispute shall provide appropriate remedies including, but not limited to, the following:

    1. Provision of a replacement motor vehicle; or

    2. Acceptance of the motor vehicle from the consumer, refund of the full purchase price, and all collateral and incidental charges.

    The decision shall specify a date for performance and completion of all awarded remedies.

    j. Any action brought under this section must be initiated within one year following expiration of the lemon law rights period.

    k. No vehicle transferred to a dealer or manufacturer by a buyer or a lessee under this chapter or by judgment, settlement, or arbitration award in this State or in another state may be sold, leased, or auctioned by any person unless:

    1. The nature of the defect experienced by the original buyer or lessee is clearly and conspicuously disclosed on a separate document that must be signed by the manufacturer and the purchaser and must be in ten-point, capitalized type, in substantially the following form:

    “IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE A DEFECT(S) COVERED BY THE MANUFACTURER’S EXPRESS WARRANTY WAS NOT REPAIRED WITHIN A REASONABLE TIME AS PROVIDED BY LAW.”;

    2. The defect is corrected; and

    3. The manufacturer warrants to the new buyer or lessee, in writing, that if the defect reappears within one year or 12,000 miles after the date of resale, whichever occurs first, it will be corrected at no expense to the consumer.

    l. A violation of subsection (k) shall constitute prima facie evidence of an unfair or deceptive act or practice under chapter 480.

    1. 1. The department of commerce and consumer affairs shall establish and monitor a state certified arbitration program which is in substantial compliance with Title 16, Code of Federal Regulations, part 703, as may be modified by this section, and shall adopt appropriate rules governing its operation.2. The director of commerce and consumer affairs may contract with an independent arbitration organization for annual term appointments to screen, hear, and resolve consumer complaints which have been initiated pursuant to section 481I-3.The following criteria shall be considered in evaluating the suitability of independent arbitration mechanisms: capability, objectivity, experience, non-affiliation with manufacturers of or dealers in new motor vehicles, reliability, financial stability, and fee structure.3. If a consumer agrees to participate in and be bound by the operation and decision of the state certified arbitration program, then all parties shall also participate in, and be bound by, the operation and decision of the state certified arbitration program. The prevailing party of an arbitration decision made pursuant to this section may be allowed reasonable attorney’s fees.4. The submission of any dispute to arbitration in which the consumer elects nonbinding arbitration shall not limit the right of any party to a subsequent trial de novo upon written demand made upon the opposing party to the arbitration within thirty calendar days after service of the arbitration award, and the award shall not be admissible as evidence at that trial. If the party demanding a trial de novo does not improve its position as a result of the trial by at least twenty-five per cent, then the court shall order that all of the reasonable costs of trial, consultation, and attorney’s fees be paid for by the party making the demand.5. If neither party to a nonbinding arbitration demands a trial de novo within thirty days after service of the arbitration award, the arbitrator’s decision shall become binding on both parties upon the expiration of the thirty-day period.6. Funding of the state certified arbitration program shall be provided through an initial filing fee of $200 to be paid by the manufacturer and $50 to be paid by the consumer upon initiating a case for arbitration under this section. Every final decision in favor of the consumer issued by the independent arbitration mechanism shall include within its relief the return of the $50 filing fee to the consumer. The director of commerce and consumer affairs may establish a trust fund for the purpose of administering fees and costs associated with the state certified arbitration program.7. The failure of a manufacturer to timely comply with a binding decision of a state certified arbitration program shall be prima facie evidence of an unfair or deceptive act or practice under chapter 480 unless the manufacturer can prove that it attempted in “good faith” to comply, or that the failure was beyond the manufacturer’s control, the result of a written agreement with the consumer, or based on an appeal filed under chapter 658A.

    Our Lemon Law Work Speaks For Itself

    Five Star Reviews on Google for Honolulu and Hawaii

    David J. Gorberg & Associates - Hawaii Lemon Law Attorneys
    David J. Gorberg & Associates - Hawaii Lemon Law Attorneys
    5.0
    Based on 106 reviews
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    Jonathan Edlund
    Jonathan Edlund
    19:31 23 Mar 24
    The best Lemon Law Attorney! He personally took the time to call me directly over a weekend to make sure i was taken care of. He has a huge team to help him, but he took the time to follow up himself.
    Jonathan Nice
    Jonathan Nice
    01:16 19 Mar 24
    My truck was in the shop for 3 months. This is the first time something like this has happened to me before and I really did not know what to do. David and his team really helped me through the process with GMC and I am very grateful to have found them. I highly recommend them. Very responsive and great service all the way around!
    knightsmoving
    knightsmoving
    00:16 19 Mar 24
    David Gorberg’s office is your go to lemon lawyer team if you have a lemon vehicle. Don’t hesitate to call David, Laura and the rest of the team they will work day and night to get you the settlement you want
    LINQUAN huang
    LINQUAN huang
    16:31 17 Mar 24
    I bought a 2022 Honda Ridgeline and two months later the engine leaked badly. David helped me solve this problem, David is professional, highly recommend
    Mike Riedy
    Mike Riedy
    19:30 12 Mar 24
    Had a great experience with Lemon Law Attorney David Gorberg and his team. It wasn’t at all difficult and they were able to negotiate with the automobile company that I was having a problem with. Hopefully I never have another lemon, but if I do I will definitely go with them again.
    See All Reviews
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    Hawaii Lemon Law Areas Served

    Talk to an experienced Hawaii Lemon Law Lawyer and Get a Free Case Evaluation

    To learn more about the Hawaii Lemon Law, call our Hawaii Lemon Law office at 1-800-MY-LEMON (1-800-695-3666) or email the Lemon Law Attorney.

    David J. Gorberg & Associates – The Hawaii Lemon Law Attorneys

    1050 Queen Street, Suite 100, Honolulu, HI 96814

    1-808-464-6160